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IN THE COURT OF COMMON PLEAS
CUYAHOGA COUNTY, OHIO

NICHOLAS J. AVRAMAUTv
Administrator# etc., et al.
Plaintiffsp
Vs* CASE NO. 112695
RICHARD ESSIGr M.D.r
et al.r
Defendants.


Deposition of JUSTIN P. LAVIN, JR.# M.D.r a
Witness hereint called by the Plaintiffs for
cross-examination pursuant to the Rules of Civil
Procedurep taken before me, the undersigned, William S.
Bish, an RPR/CM and Notary Public in and for the State of
Ohiop at the office of Justin P. Lavint Jr., M.D., 525
East Market Street, Akron, Ohio, on Tuesdayp the 5tb day
of September, 1989, at 8:00 o'clock p.m.



COMPUTERIZED TRANSCRIPTION BY
BISH & ASSOCIATESr INC.
524 Society Building
Akron, Ohio 44308
(216) 762-0031


A"

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2


APPEARANCESs

On Behalf of the Plaintiffst

Messrs.  Jerome M. Ellerin Co.# L.P.A.

Byz Jerome M. Ellerin# Attorney at Law
and
Leslie W. Chavers, Attorney at Law
The Bond Court Building
Clevelandf Ohio 44114

On Behalf of the Defendant Richard Essig# M.D*:

Messrs.  Quandtr Giffels# Buck & Rodgers
Co,, L.P.A.

By: Beth A. Sebaugh, Attorney at Law
800 Leader Building
Clevelandp Ohio 44114

On Behalf of the Defendants Nauricio Camacho#,
M.D. and Samuel J. Joy, M.D.:

Messrs.  Reminger & Reminger Co,# L.P*A.

By: John R. Irwin, M.D.p Attorney at Law
The 113 Building
113 St. Clair Avenue# N.E.
Cleveland, Ohio 44114-1273

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3
S T I P U L A T I 0 N S
It is stipulated by and between counsel for the
respective parties that the deposition of JUSTIN P.
LAVINF JR.# M.D.F a Witness hereing called by the
Plaintiffs for cross-examination pursuant to the Rules of
Civil Procedureo, may be taken at this time by agreement
of counsel and without notice or other legal formality;
that proof of the official character of the Notary is
waived; that said deposition may be taken in Stenotype by
the Notary, whose notes may thereafter be transcribed by
or for the Notary out of the presence of the witness*
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4




1 N D E X

Exhibit No. Marked

Plaintiff's No. 19
Plaintiff's Nos. 2
through 4 11



Examination by: Page

Mr. Ellerin  5
 65

Mr. Irwin  56
 66

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 5

1 JUSTIN P. LAVINr JR.j M.D.
2 of lawful ager a Witness hereinp having been first duly
3 sworn, as hereinafter certified, deposed and said as
4 follows:
5 MR. ELLERIN: Let the record show that
6 this is the discovery deposition of Dr. Lavin in the
7 Avramaut case with all formalities of service and notice
a being waived, correct?
9 MS. SEBAUGHi Right.
10 MR. ELLERIN: Johnp correct?
11 MR. IRWIN: Oh, yes.  Sorryt Jerry, sorrye
12 . . .
13 CROSS-EXAMINATION
14 BY MR. ELLERIN:
15 0. DoctorF I'm going to be asking you some
16 questions concerning your review of the Avramaut matter#
17 and if for any reason you don't understand a question
is that I ask of you please ask me to repeat it or rephrase
19 it. Will you do that?
20 A. Yes.
21 Q. First of all state your full name for the
22 record, please.
23 A. Justin Paul Lavint Jre.
24 Q. And your home address?
25 A, 2166 Ridgewood Road here in Akron#
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1 And by whom are you currently employed?
2 A. I'm self-employed.
3 Qs And in what capacity are you physically here
4 at the hospital?
5 A. I am -- my corporation has a contract with
6 the hospital, and I am the Chief of Obstetrics at this
7 hospitalf and co-Director of the original Perinatal
8 Center.
9 Q. What is the name of your corporation?
10 A. Justin P. Lavin# M.D..
11 Okay. We have been handed a curriculum vitae
12 just before the start of this depositionp and I see you
13 had your residency training at the University of
14 Pennsylvania?
15 A* That's correct.
16 0. Under what physician or physicians did you
17 train in the field of obstetrics at that hospital?
18 A, That's a very complex question. That
19 department has about forty faculty members.
20 0. Obviously I don't need the names of all of
21 themr but who were --
22 A. Well, Dr. Mastroni was the Chairman; Dr.
23 Richard Schwartz was the Chief of Obstetrics for part of
24 the time I was therep and Dr. Steven Gabbe was the Chief
25 of Obstetrics during the latter part of my training
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7

1 there.  Dr. Mennuti was the Director of Residents
2 Training# Michael Mennuti.
3 0. What materials did you have available for
4 your review of this case?
5 As I had the records from -- I'm not sure how
6 you pronounce the name --
7 Q. Avramaut.
8 A. -- Mrs. Avramaut's admission to Fairview
9 Hospital; her subsequent admissionsp I believe it was# to
10 Metro; her physicians' recordal the depositions of Dr.
11 Camachor Dr. Joy, Dr. Essig and Dr. Cohen; a letter from
12 Dr. Anderson and --
13 0. A letter from whom?
14 A, Is it -- let's seef I'm sorryl Dr. Gilesy and
15 a letter from Dr. Cohen; and the Plaintiff and her
16 hu